Planning & Zoning Commission

CHERRY HILLS VILLAGE COLORADO 2450 E. Quincy Avenue City Hall Cherry Hills Village, CO 80113 Telephone 303-789-2541 www.cherryhillsvillage.com FAX 303-761-9386 Planning and Zoning Commission Meeting Agenda Tuesday, December 14, 2021 @ 5:00 p.m. This meeting will be held in person at City Hall with no electronic participation. Agenda 1. Call to Order 2. Roll Call of Members 3. Pledge of Allegiance 4. Audience Participation Period (limit 5 minutes per speaker) 5. Consent Agenda a. Approval of Minutes for the meetings of: i. October 12, 2021 6. New Business a. High Line Canal Update: High Line Conservancy: Harriet LaMair, Executive Director, High Line Canal Conservancy b. Housekeeping Code Amendments: Paul Workman, Senior Planner 7. Reports a. Members of the Planning and Zoning Commission b. City Staff c. City Attorney 8. Adjournment Notice: Agenda is subject to change. If you will need special assistance in order to attend any of the City’s public meetings, please notify the City of Cherry Hills Village at 303-789-2541, 72 hours in advance.  Minutes of the Planning and Zoning Commission of the City of Cherry Hills Village, Colorado Held on Tuesday, October 12, 2021, at 5:00 p.m. Chair LaMair called the meeting to order at 5:00 p.m. ROLL CALL Present at the meeting were the following Planning and Zoning Commissioners: Chair Mike LaMair, and Vice Chair Jennifer Miller, Commissioner Earl Hoellen, Commissioner Bill Lucas, Commissioner Britta Miles, and Commissioner David Wyman. Absent from the meeting were the following Planning and Zoning Commissioners: Commissioner Doris Kaplan. Present at the meeting were the following staff members: Chris Cramer, City Manager/Community Development Director, Kathie Guckenberger, City Attorney, Jay Goldie, Public Works Director, Emily Black, Parks and Recreation Coordinator, Paul Workman, Senior Planner, and Ethen Westbrook, Community Development Clerk. AUDIENCE PARTICIPATION PERIOD None CONSENT AGENDA Commissioner Hoellen made a motion to approve the following items on the Consent Agenda with amendments: a. Approval of Minutes – September 14, 2021 The motion was seconded by Commissioner Lucas. Vote on motion to approve consent agenda items. AYES NAYS HOELLEN X KAPLAN ABSENT ABSENT LAMAIR X LUCAS X MILES X MILLER X WYMAN X TOTAL 6 0 The motion passed. UNFINISHED BUSINESS a. Vacation of the City’s Interest (if any) in the Bridle Path Easements on 2 and 4 Cantitoe Lane Public Works Director Jay Goldie introduced the agenda item stating the past continuance that occurred from the Planning and Zoning Commission. He then introduced the applicant. Amy Brimah gave a presentation that included a description of a past article from “The Village Crier” regarding the easements on the subject property, the Lake Cantitoe plat and the easements never being noted as public, the Cantitoe plat and its approval by the City, a description of the chain of title for the subject properties, and regular statutory and common law practice regarding the easements with relation to a takings clause. Planning and Zoning Commission Meeting October 12, 2021 1 City Attorney Guckenberger stated due to Commissioners Miller and Wyman being absent for the original discussion regarding this agenda item, staff is recommending the commissioners recuse themselves from discussion and voting on the item, unless the commissioners have prepared themselves by listening to the past meeting’s recording and read all packet materials, in which the commissioners would feel as equally prepared as the rest of the commission. Commissioner Miller abstained from agenda item 6a. Commissioner Wyman asked what would occur if he declined to abstain. City Attorney Guckenberger stated staff would recommend for the commission to move forward without accounting for Commissioner Wyman’s vote on this matter. Commissioner Hoellen asked if the applicant had any further discussion with City staff regarding the easements. Ms. Brimah stated the applicant did not have further discussion with City Staff regarding the easements as there had been discussion prior to the vacation request. Commissioner Hoellen asked if the applicant was presenting the comments by Mayor Stewart in the Crier article as opinion as opposed to a resuscitation of the facts of the case. Ms. Brimah stated the article and Mayor Stewart were stating the facts of the case. Commissioner Miles made a motion to go into executive session under section 24-6-402(4)(b)), Colorado Revised Statutes, to receive legal advice on specific legal questions regarding the petition to vacate the City’s interest (if any) in the bridle path easements on 2 and 4 Cantitoe Lane. The motion was seconded by Commissioner Hoellen. AYES NAYS HOELLEN X KAPLAN ABSENT ABSENT LAMAIR X LUCAS X MILES X MILLER ABSTAIN ABSTAIN WYMAN - - TOTAL 4 0 The Planning and Zoning Commission went into executive session at 5:23pm. The Planning and Zoning Commission resumed the regular meeting at 6:25pm. Commissioner Hoellen specified his reluctance for the record. He made a motion to recommend to City Council that the City approve the vacation of the City’s interests (if any) in the bridle path easements on 2 and 4 Cantitoe Lane as depicted in the Vacation Petition. The motion was seconded by Commissioner Miles. AYES NAYS HOELLEN X KAPLAN ABSENT ABSENT LAMAIR X LUCAS X MILES X MILLER ABSTAIN ABSTAIN WYMAN - - TOTAL 3 1 Planning and Zoning Commission Meeting October 12, 2021 2 The motion passed. NEW BUSINESS a. Cherry Hills Country Club Floodplain Variance Senior Planner Paul Workman gave a presentation that described the vicinity of the floodplain variance request, the existing floodplain in place at Cherry Hills Country Club, the proposed bank modifications, the bridge replacement, the floodplain variance criteria with staff analysis, and staff’s recommendation for the commissioner to recommend to City Council approval of the floodplain variance request. Commissioner Hoellen asked if the bridge would essentially remain the same and the work being done is structural repair. Mr. Workman stated the bridge work being completed is to replace and repair the existing bridge and that the new bridge will be very similar to the existing bridge. Commissioner Wyman asked if erosion is an existing problem and if the erosion has been lateral or downcutting. Ryan Taylor stated erosion is an existing problem for the area and it is lateral erosion. Commissioner Wyman asked if a decrease in velocity of water flows is anticipated. Mr. Taylor stated there will be a slight decrease in velocity. Commissioner Lucas made a motion to recommend to City Council approval of the request by the Cherry Hills Country Club for a Floodplain Variance based upon the finding that the approval criteria have been met, as set forth in the staff report and the evidence presented, subject to the following condition: At the conclusion of the project the applicant shall provide “as built” drawings to ensure that construction was consistent with the approved plans. The motion was seconded by Commissioner Hoellen. AYES NAYS HOELLEN X KAPLAN ABSENT ABSENT LAMAIR X LUCAS X MILES X MILLER X WYMAN X TOTAL 6 0 The motion passed. b. High Line Canal Update This agenda item was continued to the November 9, 2021, Planning and Zoning Commission meeting. c. Election of Chair and Vice Chair Community Development Clerk Ethen Westbrook gave a short presentation describing the Chair and Vice Chair election process and duties. Commissioner LaMair made a motion to elect Bill Lucas to serve as Chair of the Planning and Zoning Commission. Planning and Zoning Commission Meeting October 12, 2021 3 The motion was seconded by Commissioner Hoellen. AYES NAYS HOELLEN X KAPLAN ABSENT ABSENT LAMAIR X LUCAS ABSTAIN ABSTAIN MILES X MILLER X WYMAN X TOTAL 5 0 The motion passed. Commissioner Miller made a motion to elect Earl Hoellen to serve as Vice Chair of the Planning and Zoning Commission. The motion was seconded by Commissioner Miles. AYES NAYS HOELLEN ABSTAIN ABSTAIN KAPLAN ABSENT ABSENT LAMAIR X LUCAS X MILES X MILLER X WYMAN X TOTAL 5 0 The motion passed. REPORTS a. Members of the Planning and Zoning Commission None b. City Staff Mr. Workman stated the Citizen’s Advisory Taskforce (CAT) meeting has been rescheduled to November 10, 2021, to allow for more analysis of master plan survey results. City Manager Chris Cramer thanked the commission for their work with the master plan survey as well as the open house event. c. City Attorney None ADJOURNMENT Chari LaMair adjourned the meeting at 6:58 p.m. ______________________________________ Mike LaMair, Chair ___________________________________________ Ethen Westbrook, Community Development Clerk Planning and Zoning Commission Meeting October 12, 2021 4  CITY OF CHERRY HILLS VILLAGE COLORADO 2450 E. Quincy Avenue City Hall Cherry Hills Village, CO 80113 Telephone 303-789-2541 www.cherryhillsvillage.com FAX 303-761-9386 MEMORANDUM TO: CHAIR LUCAS AND MEMBERS OF THE PLANNING AND ZONING COMMISSION FROM: PAUL WORKMAN, SENIOR PLANNER SUBJECT: PROPOSED HOUSEKEEPING CODE AMENDMENTS (2021) DATE: DECEMBER 14, 2021 I. ISSUE: Should the Planning and Zoning Commission (Commission) vote to recommend approval for 14 amendments to the City’s land use regulations? II. BACKGROUND: The City Council, after a recommendation from the Commission, approved a comprehensive update to the City’s land use regulations in October of 2019. Over the last two years the regulations have generally been well received by members of the public, staff, and the development community. However, in coordination with the public and the development community, staff has identified certain sections that would benefit from additional clarity, consistency, or more information. On June 8, 2021, the Commission held a study session to discuss the proposed amendments. At this study session, the Commission expressed general support for the proposed amendments. On June 15, 2021, the City Council held a study session to discuss the proposed amendments. At this study session, the Council expressed general support for the proposed amendments. III. PROPOSED AMENDMENTS: In order to ensure that the City’s land use regulations continue to create the built environment that reflects the desires of the residents of Cherry Hills Village, staff is proposing specific amendments to the land use regulations. The current regulations generally meet the needs of residents, staff, and the development community, but there are opportunities for improvement. The Planning and Zoning Commission can expect staff to bring similar housekeeping amendments for discussion in the future. Not only is this responsible code management, but it Page 1 of 15  CHERRY HILLS VILLAGE COLORADO ensures that the land use regulations reflect the built environment that the residents of Cherry Hills Village deserve. For the ease of the Commission, the format of the proposed amendments are as follows: AMENDMENT NUMBER • Description of changes, if any, from the study session. General Section to be amended Issue Proposed Update Rationale/Intent How the proposed The identified issue created by the current What the update is amendment will be of language (or lack of language) in the code. trying to accomplish. benefit. Revised Section: Specific section to be revised: The existing section with proposed modifications. Bolded language is an addition and a line through is a deletion. The proposed amendments are discussed here: PROPOSED AMENDMENT #1: • No changes from the study session on 6/8/21. Section 16-7-130 – Discretionary Approvals. Issue Proposed Update Rationale/Intent Update the Code to Additional clarity is The Code does not give specific guidance require resolutions for beneficial to applicants, on discretionary approvals (i.e., roll call the approval of staff, and Council. Approval vote via resolution). This would add clarity. discretionary land use by resolution is also easier approvals. to research in the future. Revised Section: 16-7-130(a): Generally. Discretionary approvals and permits are issued by the City after compliance with applicable requirements of this Chapter is demonstrated to the decision makers at a hearing. Discretionary approvals from City Council shall be by resolution. Page 2 of 15  CHERRY HILLS VILLAGE COLORADO PROPOSED AMENDMENT #2.1: • No changes from the study session on 6/8/21. Section 16-9-130 – Rules of Construction, Acronyms, and Definitions. Issue Proposed Update Rationale/Intent Correct all references in this The references to timelines in this Section to 30-days and Create additional Section are inconsistent with 16- remove 90-day references consistency and clarity. 2-740 for short-term rentals. for short-term rentals. Revised Section: 16-9-130: Short-term rental means the renting or leasing of a single-family detached dwelling unit for a term of less than ninety (90) thirty (30) consecutive days, other than a house exchange for which there is no payment. The phrase "short-term rental" does not include month-to-month tenancies that immediately follow lease terms of ninety (90) thirty (30) days or more. PROPOSED AMENDMENT #2.2: • New since the study session on 6/8/21. In reviewing amendment 2.1, staff identified a reference to “accessory dwelling units” which the City does not allow. Section 16-2-740 – Short-Term Rentals. Issue Proposed Update Rationale/Intent This section of code references Replace the reference to Create additional accessory dwelling units, which accessory dwelling unit with consistency and clarity. the City does not allow. guest house. Revised Section: 16-2-740: Short-term rentals (terms of less than thirty (30) days) of single- family dwelling units or accessory dwelling units a guest house is are prohibited. Solicitation, advertising, or rental of a single-family dwelling unit or accessory dwelling unit a guest house for the purpose of holding a party, special event, social gathering, wedding, or similar use shall be considered a commercial use of the property and is also prohibited. Page 3 of 15  CHERRY HILLS VILLAGE COLORADO PROPOSED AMENDMENT #3.1: • Minor changes from the study session on 6/8/21 (pergolas included as an example of an accessory structure, and detached patios that are not enclosed added as an example of an improvement excluded from this definition). Section 16-9-130 – Rules of Construction, Acronyms, and Definitions. Issue Proposed Update Rationale/Intent The current definition for “accessory structure” includes The intent of the code is Clarify that the definition for things like built-in firepits, to limit the number of “accessory structure” barbeques, and detached patios enclosed structures, so excludes certain which must be counted against additional clarity in the improvements. the maximum number of allowed definition is necessary. accessory structures. Revised Section: 16-9-130: Accessory structure means a detached subordinate structure located on the same lot as a principal building structure or an adjacent lot, as allowed by Table 16-3- 10.C.1 or Table 16-3-10.C.2, the use of which is customary and incidental to the use of the principal building structure. Examples of accessory structures include, but are not limited to, gazebos, pergolas, and agricultural or livestock structures, where permitted. Swimming pools, and tennis courts (when not enclosed), detached patios (when not enclosed), and built-in fireplaces and barbeque grills shall not be considered accessory structures, except for setback requirements. The phrase "accessory structure" does not include the phrase "landscape feature." PROPOSED AMENDMENT #3.2: • New since the study session on 6/8/21. In reviewing amendment 3.1, staff identified a reference to “principal structure” which the City does not define. Section 16-9-130 – Rules of Construction, Acronyms, and Definitions. Issue Proposed Update Rationale/Intent To distinguish the The Code does not currently have difference more clearly Create a definition for a a definition for a principal between a primary principal structure. structure. structure and an accessory structure. Revised Section: 16-9-130: Principal structure means the one structure that is used for either business or personal reasons. Examples of a principal structure include, but are not limited to, a single-family home, a church used for religious purposes, a club house used for the administration/registration purposes of a country club, or a school used for educational purposes. Accessory structure(s) on adjacent lots may be allowed by Table 16-3-10.C.1 or Table 16-3-10.C.2. Page 4 of 15  CHERRY HILLS VILLAGE COLORADO PROPOSED AMENDMENT #4: • No changes from the study session on 6/8/21. Section 17-2-50 – Definitions. Issue Proposed Update Rationale/Intent Removing the reference to the year would define the Master Plan as the The definition for the Master Plan Update the definition for adopted version at any references the specific year the “Master Plan” in Chapter given time and eliminate Master Plan was adopted. 17. the need for future Code amendments as the Master Plan is updated. Revised Section: 17-2-50: Master Plan means the 2008 Cherry Hills Village Master Plan, as amended or superseded. PROPOSED AMENDMENT #5: • No changes from the study session on 6/8/21. Section 20-3-125 – Application Fees and Escrows. Issue Proposed Update Rationale/Intent Applicants are responsible for Change the reference in Correct the language for executing an escrow agreement, Section 20-3-125(d)(2)(a) accuracy. not the Director. from Director to Applicant. Revised Section: 20-3-125(d)(2)(a): If the Director determines that an application will require review by professional consultants, then the Director Applicant shall execute an escrow agreement in a form approved by the City Attorney, and make an initial escrow payment in an amount sufficient to cover the estimated review costs. A schedule of minimum required escrows for different application types may be attached to the fee resolution described in subsection (a), above. Page 5 of 15  CHERRY HILLS VILLAGE COLORADO PROPOSED AMENDMENT #6: • No changes from the study session on 6/8/21. Section 2-6-10 – Powers and Duties. Issue Proposed Update Rationale/Intent Change Section 2-6-10 to Restore Planning and add a reference to Chapter The current language does not list Zoning Commission’s 20 for Planning and Zoning Chapter 20 in the list of Chapters authority to make Commission that the Planning and Zoning recommendations on recommendations for Commission shall implement. issues located in Chapter Wireless Communication 20. Facilities (WCF). Revised Section: Section 2-6-10(2): The Planning and Zoning Commission shall implement the provisions of Chapters 16, and 17, and 20 of this Code and shall perform all functions and powers referred to in said chapters where reference is made. PROPOSED AMENDMENT #7: • Added specific regulations based on the discussion at the study session on 6/8/21. Section 16-3-10 – General Lot and Building Standards for Residential Zoning Districts. Issue Proposed Update Rationale/Intent The Code should clearly address this issue one way The Code does not specifically Specifically address or another. Staff restrict or allow accessory accessory structures on lots recommends adding structures on lots without a without a primary structure. language to specifically primary structure. allow this, with additional regulations. Revised Tables: Table 16-3-10.C.1. Minimum Building Setbacks and Floor Area Ratio Residential Zoning District Standard R-1 R-2 R-3 R-3A R-4 R-5 3, 7 Residential Accessory Buildings, Accessory Structures, and Recreational Facilities Table Notes: 1 The first measurement is minimum setback / the second measurement is minimum sum of side setbacks. 2 The floor area ratio standard shall not apply on legal lots of record with a net lot area of 10,000 square feet or less. 3 Guest houses are allowed only in the R-1 and R-2 zoning districts as provided in Sec. 16-2- 610, Guest Houses. Guest houses are subject to the floor area limitations of Sec. 16-2-610, Guest Houses, and the floor area ratio limitations for the lot, but are not counted against the floor area Page 6 of 15  CHERRY HILLS VILLAGE COLORADO and footprint limitations under this table subheading. Guest houses that are located in accessory buildings are counted against the maximum number limitations and are subject to the setback limitations under this table subheading. 4 Lots in the R-1 zoning district that are at least 5 acres in area are allowed additional accessory buildings, accessory structures, and recreational facilities, as follows: <Table Intentionally Omitted as the information is irrelevant for the purposes of this amendment> 5 Sum of floor area (for buildings) and footprint (for structures and recreational uses that are not buildings) for all accessory buildings, accessory structures, and recreational facilities. 6 Nonresidential buildings are not allowed in the R-4 and R-5 zoning districts. 7 Accessory buildings, accessory structures, landscape features, and recreational structures are allowed on lots without a principal structure if the lot with the accessory building, accessory structure, and/or recreational facility is: (1) owned by the same property owner with a shared property line, (2) the lot with the principal structure is being used for residential purposes, and (3) there is either pedestrian or vehicular access between the adjacent lots. The number and location of these accessory structures are required to meet the standards identified in this table. Table 16-3-10.C.2. Minimum Building Setbacks and Maximum Building Coverage (R-3A) Adjusted Lot Area1 Standard 2.5 ac. or 1.25 to 2.5 1 to 1.25 ac.2 0.5 to 1 ac.2 16,000sf to 0.5 ac.2 more ac.2 Residential Accessory Buildings, Accessory Structures, and Recreational Facilities7 Table Notes: 1 Adjusted lot area is the Lot Area, plus the area of all adjoining public rights-of-way bounded by the lot line that bounds the right-of-way, the projections of the roughly side or rear (as applicable) lot lines into the right-of-of-way, and such lines or curves that represent an outward projection of the lot lines that bound the right of way up to a distance of 30 feet or to the centerline of the right-of-way, whichever distance is shorter. 2 The first measurement is "at least" / the second measurement is "up to, but not including". 3 Side setbacks must total 15 feet, but one side setback may be as little as zero feet (a "zero lot line"), provided that: (1) if a side setback is less than 7.5 feet, the Director has confirmed that there is sufficient area between the building and the side lot line for adequate maintenance and emergency access, or appropriate easements are provided over the adjacent lot for these purposes; (2) the spacing between buildings that are constructed on adjacent lots is not less than 10 feet. 4 Sum of floor area (for buildings) and footprint (for structures and recreational uses that are not buildings) for all accessory buildings, accessory structures, and recreational facilities. 5 Buffers are measured from the zoning district or right-of-way boundary line, even if the boundary line is not a lot line. 6 Improvements within these buffers are limited to a permanent landscaped area which may include trees, plants, trails, and comparable landscape features. Buffer areas must be free of all other improvements, buildings, or structures. Page 7 of 15  CHERRY HILLS VILLAGE COLORADO 7 Accessory buildings, accessory structures, landscape features, and recreational facilities are allowed on lots without a principal structure if the lot with the accessory building, accessory structure, and/or recreational facility is: (1) owned by the same property owner with a shared property line, (2) the lot with the principal structure is being used for residential purposes, and (3) there is either pedestrian or vehicular access between the adjacent lots. The number and location of these accessory structures are required to meet the standards identified in this table. PROPOSED AMENDMENT #8.1: • Added language consistent with previous code language. Section 16-2-120 – Land Use by Zoning District. Issue Proposed Update Rationale/Intent The ability to have horses and Clarify that horses and equestrian facilities in the R-1, R- equestrian facilities are 2 zone districts and in the R-3 and allowed in R-1 and R-2 zone Create consistency with R-3A zone districts for properties districts and in the R-3 and historical uses and over one (1) acre was not R-3A zone districts when practices. explicitly carried over during the properties are over one (1) Code Modernization. acre in size. Revised Table: Table 16-2-120 Land Use by Zoning District Zoning District Land Use R-1 R-2 R-3 R-3A R-4 R-5 O-1 O-2 C-1 C-2 Agricultural Land Uses Agriculture A A A3 _____ _____ _____ C A _____ _____ (Livestock)2, 3 Table Notes: 1 Applies only to dwelling units that were in existence on the effective date of this Chapter. New single-family detached dwelling units are not allowed. 2Horses and associated equestrian facilities must comply with Section 16-2-250 of this Chapter. 3Horses that are owned by the property owner (and the associated equestrian facilities) are allowed in the R-3 and R-3A zone districts for lots in those zone districts that are over one (1) acre in size. A maximum of two (2) horses, not owned by the owner of the property, may be boarded and stabled. Page 8 of 15  CHERRY HILLS VILLAGE COLORADO PROPOSED AMENDMENT #8.2: • New since the study session on 6/8/21. In reviewing amendment 8.1, staff identified a reference to “animal husbandry” in the definition of “Agriculture (Livestock)” which the City does not define. Section 16-9-130 – Definitions. Issue Proposed Update Rationale/Intent Clarify that horses and The code identifies “animal equestrian facilities are Create consistency with husbandry” in the definition for allowed as an agricultural historical uses and Agriculture (Livestock), but does land use by defining “animal practices. not provide a definition. husbandry”. Revised Section: Section 16-9-130: Animal husbandry means the rearing of animals for the sole purpose of the enjoyment of the property owner with no intent to use the animal or parts of the animal for any commercial or charitable purpose. PROPOSED AMENDMENT #9: • Added language as to who gets to determine in what format the meeting is held based on the discussion at the study session on 6/8/21. Section 18-11-80 – Preapplication Neighborhood Input Meeting. Issue Proposed Update Rationale/Intent Having the option to continue to have these meetings electronically is Explicitly allow convenient for applicants, The Code does not currently Neighborhood Input residents, and staff. explicitly allow these meetings Meetings to be done Additionally, it increases virtually. virtually in a post COVID the likelihood for world. participation as attendance can be from anywhere with an internet connection. Revised Section: Section 18-11-80(1): A preapplication neighborhood input meeting ("neighborhood meeting") shall be held, either virtually or in-person, prior to submitting an application for a permit to construct a new single-family dwelling, commercial, community or institutional structure, or an addition to any such structure that increases the square footage by 50 percent or more, or adds a second story to an existing one-story structure. The determination as to whether the meeting shall be held virtually or in-person shall be at the sole discretion of the Director. A neighborhood meeting must be held either virtually or in-person, but shall not be held via a combination of those two formats. An affected property owner shall mean the owner of property contiguous to or across any street from any portions of the applicant's Page 9 of 15  CHERRY HILLS VILLAGE COLORADO property. A homeowners' association shall mean a homeowners' association registered with the City with jurisdiction over the applicant's property. The applicant and the City are entitled to rely on the registration information provided by the homeowners' associations to the City for purposes of preparing any notices or otherwise contacting homeowners' associations. PROPOSED AMENDMENT #10: • No changes from the study session on 6/8/21. Section 16-7-255 – Public Notice. and Section 17-3-115 – Notice of Hearing. Issue Proposed Update Rationale/Intent Unifying land use Having different notification Update public notice notification requirements requirements for different land requirements so that creates consistency and use application types creates notifications for land use limits confusion. confusion for applicants and applications are generally Notifying via the City’s residents. Notification in the the same and allow for website allows greater newspaper is limited to those who notification to occur on the transparency as anyone receive the newspaper and is City’s website rather than with an internet increasingly less popular. the newspaper. connection can view the notification. Revised Section/Table: Section 16-7-255(c): Types of Public Notice. Table 16-7-255C, Types of Public Notice, sets out standardized requirements for publication, posting, and mail notice that are used for different application types and different phases of the application process. The types of notice that are set out in the table are used to establish notice requirements for each type of application in Table 16-7-255D, Required Public Notice by Application Type. Applicant shall pay all costs associated with notice. Table 16-7-255C Types of Public Notice Type of When Required Frequency or Duration Other Requirements Notice Publication (PUB) PUB. 1 At least 15 calendar days 1 publication NA before public hearing PUB. 2 At least 7 days before 1 publication NA public hearing Posting (PO) PO. 1 At least 15 calendar days Post until public NA before public hearing hearing commences Mail (ML) ML. 1 At least 10 days before 1 mailing Mail notice must be sent to public hearing all adjacent property Page 10 of 15  CHERRY HILLS VILLAGE COLORADO owners and property owners directly across streets, alleys, trails, or ditches form the subject property. ML. 2 At least 15 calendar days 1 mailing Mail notice must be sent to before public hearing all property owners within 1,000 feet of the boundaries of the subject property. (d) Type of Public Notice Required by Application Type. Table 16-7-255D, Required Public Notice by Application Type, sets out the notices that are required at each state of processing for each type of application for which notice is required. Table 16-7-255D Required Public Notice by Application Type Form of Required Public Notice for Application Type Director or Floodplain Board or Council Review Director Review Commission Review (Where Applicable) Land Use/Zoning Conditional Use N/A PUB. 1; PO. 1; ML. PUB. 1; PO. 1; ML. 2 Permit 2 Rezoning N/A PUB. 1; PO. 1; ML. PUB. 1; PO. 1; ML. 2 2 Major Special Event N/A PUB. 1; PO. 1; ML. PUB. 1; PO. 1; ML. 2 Permit 2 Site Development Site Plan or Site N/A PUB., PO., ML. PUB., PO., ML. Plan Amendment By type of approval associated with the Development development agreement; As provided in Sec. N/A Agreement 16-7-430. Special Notice Requirements, if vested rights are requested ;;2See Sec. 16-7-360. See Sec. 16-7-360. Floodplain Floodplain Development N/A Floodplain Development Permit Permit Development Permit. Vacation/Abandonment Vacation of N/A See Sec. 11-5-55, See Sec. 11-5-55, Easement or Right- Notice. Cherry Hills Notice. of-Way Village Municipal Code Page 11 of 15  CHERRY HILLS VILLAGE COLORADO Amendments Text Amendment to N/A N/A N/A Chapter 16 Master Plan N/A PUB. 1 PUB. 1 Amendment Relief Administrative See Sec. 16-7-510, N/A N/A Modification to Bulk Administrative Plane Requirement Modification to Bulk Plane Requirement Variance N/A PO. 1; ML. 1 N/A Floodplain N/A PUB., PO., ML. PUB., PO., ML. Variance Administrative N/A PO. 1; ML. 1 N/A Appeal Subdivision Sketch Plat N/A See Sec. 17-3-40, N/A Sketch Plat and Submittal Preliminary Plat N/A PO., PUB., ML PO., PUB., ML Final Plat N/A N/A PO., PUB., ML Minor Subdivisions N/A PO., PUB., ML PO., PUB., ML and Amended Plats Subdivision N/A PO., PUB., ML PO., PUB., ML Renaming Lot Consolidation See Sec. 17-6-60, N/A N/A and Minor Lot Director’s decision and Adjustment appeal Vested Rights Vested rights N/A As provided in See Sec. 16-7-430, Special Notice Requirements. (e) Standards for Required Notices. (1) Publication. Published notice shall be printed in a newspaper of general circulation in the City of Cherry Hills Village provided on the City of Cherry Hills Village website. (2) Posting. Posted notice shall be on a sign in a form approved by the City and installed by the applicant. (3) Mail. Mailed notice shall be delivered via first class U.S. Mail and sent by the applicant. (f) Optional Notices. (1) Electronic Mail. Electronic mail notice may be delivered to an opt-in distribution list that is created for the purpose of notifying people about applications for approvals and permits in the City. Electronic mail notice shall include the subject line "PUBLIC Page 12 of 15  CHERRY HILLS VILLAGE COLORADO NOTICE OF PROPOSED DEVELOPMENT," and the statement in the body of the e-mail that "Electronic mail notice is provided as a courtesy to opt-in subscribers. Failure of an e-mail communication to reach a subscriber does not constitute failure of public notice." (2) Internet. Internet notice may be posted on the official web site of the City, on a page or pages that are designated for such notices. However, internet notice is also provided as a courtesy and is not official notice. Therefore, failure of internet notice shall not constitute a failure of public notice. Chapter 17. Article III. Division 2. – Preliminary Plat and Submittal Section 17-3-115 – Notice of hearing. (a) Notice of the public hearing shall be provided in accordance with Table 16-7-255C. Mailed Notice. (1) Written notice of the public hearing at which the plat will be considered shall be given at least ten (10) fifteen (15) days in advance by the subdivider by receipted personal service or receipted certified mail to the owners of all property (exclusive of streets, alleys and easements) within five hundred (500) one thousand (1,000) feet of any portion of the proposed subdivision, and a certificate of mailing shall be filed with the City Clerk. (2) Such written notice shall specify that the proposed plat may be inspected at the City offices during normal working hours prior to the hearing and that any person may appear at said meeting to protest such subdivision. (3) If a variance is requested by the subdivider in accordance with Section 17-3-420 of this Chapter, the written notice shall make specific reference thereto. (b) Published Notice. Notice of the date, time, place, and purpose of the public hearing shall be published at least once in a newspaper of general circulation in the City on the City of Cherry Hills Village website at least fifteen (15) calendar days prior to the public hearing. (c) Posted Notice. (1) Notice shall be posted on the subject property, if practical, on a sign at least two (2) feet by three (3) feet in dimension, for a period of fifteen (15) days prior to the public hearing, and posted in a conspicuous location at the Village Center approved by the Council. (2) The Director shall determine the location of signs and the required number of signs on the subject property in his or her discretion to provide adequate notice to the public. (3) All required signs shall be removed no later than one (1) week following the hearing or continued hearing. (d) Cost of Notice. Publication costs shall be paid by the City (and included in the application fee) and posting costs shall be paid by the applicant. The applicant shall pay any costs associated with notification. Page 13 of 15  CHERRY HILLS VILLAGE COLORADO Article III. Division 2. – Preliminary Plat and Submittal Section 17-3-120 – Referrals; action required by commission. (b) Public Hearing. (1) The Chairman of the Commission shall schedule a public hearing of the Commission to consider the proposed subdivision. Notice of the hearing date shall be given at least fifteen (15) days in advance in accordance with 17-3-115. (1) (2) Following the hearing referred to in the preceding Subsection, At the public hearing required by Table 16-7-255D, the Commission shall recommend approval, recommend approval with conditions, or reject the preliminary plat. If the preliminary plat receives a recommendation of approval or conditional approval by the Commission, it shall be sent to the Council for decision. If the preliminary plat is rejected, the subdivider may appeal to the City Council. Chapter 17. Article III. Division 3. – Final Plat and Submittal Section 17-3-230 – Action Required by council. (a) Generally. The final plat submittal, along with the recommendations of the Director, shall be presented at a regular meeting of the Council. Notice of the hearing meeting date shall be given at least fifteen (15) days in advance in accordance in accordance with Section 17-3- 115 Table 16-7-255D. Chapter 17. Article III. Division 4. – Final Plat and Submittal Section 17-3-350 – Minor subdivision and minor amendment approval procedure. (a) The Commission shall hold a public Hhearing in accordance with Table 16-7-255D to consider the subdivision’s conformance with the requirements of this Code and this Article. (1) The Commission shall hold a public hearing to consider the subdivision’s conformance with the requirements of this Code and this Article. Notice of the hearing date shall be given at least fifteen (15) days in advance in accordance with Section 17-3- 115. (2) The Commission shall recommend approval or approval with conditions or shall reject the minor subdivision or minor amendment. (b) Council Hearing. Upon a Commission’s recommendation of approval or approval with conditions, the Council shall consider minor subdivision or minor amendment application at a public hearing in accordance with Table 16-7-255D. Notice of the hearing date shall be given at least 15 days in advance in accordance with Section 17-3-115. Upon a Commission’s rejection, the applicant may appeal to the City Council in accordance with Table 16-7-255D. Page 14 of 15  CHERRY HILLS VILLAGE COLORADO Chapter 17. Article III. Division 6. – Subdivision Renaming process Section 17-3-520 – Process. (c) Public Hearing. The City Council shall consider the proposed subdivision name change at a duly noticed public hearing. Notice of the public hearing shall be given in accordance with Section 17-3-115 Table 16-7-255C. The applicant shall be responsible for all public hearing costs and for posting in accordance with this Section. PROPOSED AMENDMENT 11: • No changes from the study session on 6/8/21. Section 16-7-360 – Floodplain Development Permit. Issue Proposed Update Rationale/Intent Correct the misspelling of Correct a spelling error in Fix the spelling. “follows”. 16-7-360(c)(1). Revised Section: Section 16-7-360(c)(1): The bank stabilization design and/or description of dredging procedures (as applicable) shall follows follow all applicable regulations of the Arapahoe County Stormwater Management Manual ("ACSMM") and Urban Drainage and Flood Control District ("UDFCD") criteria, and, with regard to dredging of ponds and lakes, the state dam safety requirements, as each of them may be amended from time to time. IV. PUBLIC NOTICE AND COMMENT: Public notice is not required for text amendments to the land use regulations. However, staff has posted the agenda and packet materials in accordance with City policy. Additionally, in conversations with the public and the development community, staff has received positive feedback that the City is pro-actively initiating amendments to better facilitate and clarify these regulations. V. RECOMMENDED MOTION: “I move to approve the proposed text amendments to Chapters 2, 16, 17, 18, and 20 of the Cherry Hills Village Municipal Code as presented in the staff report submitted to this Commission and dated December 14, 2021.” VI. ALTERNATIVE MOTION: “I move to continue the hearing related to the proposed text amendments to Chapters 2, 16, 17, 18, and 20 of the Cherry Hills Village Municipal Code as presented in the December 14, 2021, staff report in order to get more information related to <Planning and Zoning Commission to insert additional information requested>.” VII. ATTACHMENTS: None Page 15 of 15